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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 1930 Page 1 of about 46 results (0.123 seconds)

Nov 07 1930 (PC)

Minor Nagammal and anr. Vs. Sankarappa Naidu Alias Muthalagiri Naidu a ...

Court : Chennai

Decided on : Nov-07-1930

Reported in : AIR1931Mad264; (1931)61MLJ19

..... his eligibility to perform his father's obsequial ceremonies and sraddhas stands on a different footing and is negatived by several texts bearing on ancient hindu law.12. that one who is suffering from a virulent form of leprosy is disqualified for performing even the ceremonies of adoption has been held ..... on behalf of the plaintiff (1st respondent), his learned advocate mr. sampath aiyangar referred me to several ancient texts of hindu law and also to the opinions of the modern text-writers on hindu law.7. in order to understand the reason for the rule that a sonless man may adopt, we have ..... libations of water are extinct. (page 116 of setlur's book.) it is observed' by mr. ghose in his hindu law (3rd edition) at page 59 that in ancient times the competence to perform sraddha corresponded with the right to take the inheritance and the rule was that he who ..... provide for the adopter's spiritual advancement by having some one legally qualified to perform his obsequies, and since such qualification must be judged by hindu law which disqualifies the son who is impotent, an idiot or insane, blind, deaf, dumb, lame, congenitally suffering from leprosy or from any ..... observations in dattaka mimamsa, section 2, verse 62 as supporting this view. the following passage is found at p. 104 in trevelyan's book on hindu law (2nd edition):if the son be permanently incapable of performing religious rites by reason 'of congenital blindness, deafness, dumbness, impotency, lameness, virulent leprosy, .....

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Nov 07 1930 (PC)

Nagammal, Minor and anr. Vs. Sankarappa Naidu Alias Muthalagiri Naidu ...

Court : Chennai

Decided on : Nov-07-1930

Reported in : 131Ind.Cas.9

..... permissible for such a disqualified heir, his eligibility to perform his father's obsequial ceremonies and sradhas stands on a different footing and is negatived by several texts bearing on ancient hindu law.7. that one who is suffering from a virulent form of leprosy is disqualified for performing even the ceremonies of adoption has been hold in judicial decisions. that is the ..... difficulty. in support of the contention on behalf of the plaintiff (1st respondent), his learned advocate mr. sampath ayyangar referred me to several ancient texts of hindu law and also to the opinions of the modern text writers on hindu law.5. in order to understand the reason for the rule that a sonless man may adopt, we have to see what the real purpose ..... competence to offer oblations of food and libations of water are extinct, (page 116 of setlur's book). it is observed by mr. ghose (in his hindu law, 3rd edition) at page 59 that in ancient times the competence to perform sradha corresponded with the right to take the inheritance and the rule was that he who takes the inheritance gives the pinda ..... learned author refers to the observations in dattaka mimamsa, section 2, verse 62, as supporting this view. the following passage is found at page 104 in travelyan's book on hindu law (and edition): 'if the son be permanently incapable of performing religious rites by reason of congenital blindness, deafness, dumbness, impotency, lameness, virulent leprosy, insanity, idiocy, or from any other reason .....

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Nov 18 1930 (PC)

Ram Das Rae and ors. Vs. Brindaban Ram

Court : Allahabad

Decided on : Nov-18-1930

Reported in : AIR1931All113; 129Ind.Cas.719

..... the fact is stated in the preamble to the bengal regulation 1 of 1798. that such contracts were recognized and enforced according to their letter by the ancient hindu law appears from several passages in colebrooke's digest vol. 1, pp. 183, 187, 188, and 193.. that these were equally recognised and enforced between ..... courts of equity, that the time stipulated in the mortgage-deed is not the essence of the contract. such a doctrine was unknown to the ancient law of india; and if it could have been introduced by the decisions of the courts of the east india company, their lordships can find no ..... mahomedans is shown by mr. bailie in his introduction to his learned work on the mahomedan law of sale. if the ancient law of the country has been modified by any later rule having the force of law, that rule must be founded either on positive legislation or on established practice.7. again, at ..... sale and not one in the nature of a mortgage6. the doctrine of english law with respect to the equity of redemption after default of payment of the mortgage money appears to have been unknown to the ancient law of india. the said rule appears to have been introduced to certain parts of ..... baibilwafa form of mortgage is very common in northern india. it originated from a desire on the part of certain mahomedans to evade the musalman ecclesiastical law, which was opposed to the lending of money at interest and to the obtaining of security for the repayment of principal and interest. the hindus, .....

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Jul 07 1930 (PC)

Haridas Himatlal Vs. Lallubhai Mulchand Mehta

Court : Mumbai

Decided on : Jul-07-1930

Reported in : 129Ind.Cas.153

..... ancient law and institutions such as the hindu joint family, in many respects unique and based on notions which find no place under modern conditions or in modern law, it is difficult for the legislature to foresee all the anomalies that would result by modern enactments and processes such as insolvency. the courts can but reconcile hindu law ..... of the madras and lahore courts13. apart from authority, the view adopted by the lower courts seems sound in principle. the right of a hindu father to sell the whole of the joint family property to satisfy his legitimate debts is a valuable right which ought to be available to his ..... decision of the madras high court in seetharama chettiar v. official receiver, tanjore ilr (1926) mad. 849, they held that the right of a hindu father to sell the joint family property, including the undivided shares of his sons, is property which vests in the receiver of his estate in insolvency ..... : 27 bom. l.r. 934, where he observes (p. 787):-speaking for myself, i do not think that when the manager of a joint hindu family is adjudicated insolvent, the power which he had before his insolvency to dispose of family estate for proper purposes, must be considered as vesting in the ..... of the provincial insolvency act.6. section 2 (d) of the provincial insolvency act expressly includes property over which any person, such as a joint hindu father, has a disposing power, which he may exercise for his own, benefit such as the payment of his just debts.7. this definition, it .....

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Feb 25 1930 (PC)

Sri Sri Sri Gajapathi Krishna Chandra Deo Garu, Zamindar of Nandigam E ...

Court : Chennai

Decided on : Feb-25-1930

Reported in : AIR1931Mad561; (1931)60MLJ662

..... there was negligence proved. in dealing with this point their lordships of the privy council observed:the tanks are ancient, and formed part of what may be termed a national system of irrigation, recognised by hindu and mahomedan law, by regulations of the east india company, and by experience older than history, as essential to the welfare ..... the zamindars have no power to do away with these tanks, in the maintenance of which large numbers of people are interested, but are charged under indian law, by reason of their tenure, with the duty of preserving and repairing them. from this statement of facts referred to in the judgment of the high ..... estates land act also casts on the landlord the duty of repairing tanks in existence without any reference as to when they were constructed.22. the law on the subject has been clearly settled by the decision of their lordships of the privy council in madras railway company v. zamindar of carvatenagrum , where ..... to the observations of blackburn, j., where the learned judge lays down the rule governing those cases as follows:we think that the true rule of law is, that the person who, for his own purposes, brings on his land, and collects and keeps there anything likely to do mischief if it escapes ..... was in the tank bed would not give the plaintiff a right to sue for damages.19. reference has been made by the respondent to the english law on the subject of storing water as laid down in rylands v. fletcher (1868) l.r. 3 h.l. 330 and the other cases and .....

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Apr 14 1930 (PC)

Bhikubai Chunilal Ambaidas Vs. Manilal Bhagchand Raychand

Court : Mumbai

Decided on : Apr-14-1930

Reported in : AIR1930Bom517; (1930)32BOMLR1217

..... into with reference to an alleged special custom of adoption, sir michael westropp said (p. 256):-hitherto, so far as we can discover, none but ordinary hindu law has been over administered either in this island or in this presidency to persons of the jaina sect. ...' we have consulted a well-known oriental scholar, ..... perumal sethwayar (1872) 14 m.i.a. 570 it was held that it is of the essence of special usages modifying the ordinary law of succession that they should be ancient and invariable : and it is further essential that they should be established to be so by clear and unambiguous evidence it is only ..... as regards other judicial decisions, those in the indore state are by two witnesses, exhibit us and exhibit 123, both of whom place much reliance on ancient jain books, i will, accordingly, deal shortly with that subject (6) nest. we have been taken carefully through the texts relied on, but it is ..... and not absolute interests in the property in question. the alleged jain custom to the contrary is sought to be established by (a) judicial decisions (6) ancient jain books (c) opinion evidence, and (d) instance evidence.31. as regards (a), the decisions of this high court show that no such custom has ..... , but appears not to have been sufficiently proved by evidence in the case. if the custom set up by the defendant was an invariable and ancient custom, the right of alienation would have been exercised by the widow in the bombay presidency in several cases, and it is likely that the .....

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Mar 04 1930 (PC)

Kallava Parbhu Desai Vs. Vithabai Appu Desai

Court : Mumbai

Decided on : Mar-04-1930

Reported in : AIR1930Bom396; (1930)32BOMLR995

..... the present suit was brought by vithabai, one of the widows of appu, for partition of the property.2. the learned subordinate judge held that according to hindu law the widows of a gotraja sapinda took per capita, and that the plaintiff, defendant no. 1, and defendant no. 2, who were equally related to their ..... and not succeeding as gotraja sapindas, and is an exception to the general rule that the heirs take as ten ants-in-common. see: mulla's hindu law, page 21, para 31. i think, therefore, that the widows of gotraja sapindas succeeding as heirs take in their own interest as gotraja sapindas, and ..... appellant, in consequence of the somewhat incautiously broad language in which it is couched.6. it was held in rachava's case that under the hindu law the sons of a paternal uncle inherit in preference to the widow of another paternal uncle of the propositus, and that the females in each ..... .4. in the case of lahshmibai v. jayram hari (1869) 6 b. h. c. r. 152 it was held that, according to the hindu law obtaining in western india, the wives of all gotraja sapindas and samanodakas have rights of inheritance co-extensive with those of their husbands immediately after whom they ..... this presidency whereby widows do in fact inherit is easier to justify as being in accordance with comparatively modern notions, than as a corollary from the ancient texts and commentaries prevailing in this presidency.22. but that usage being established in fact and the widows being deemed to be gotraja sapindas, i .....

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Dec 15 1930 (PC)

Sangiliya Pillai Vs. P.C. Muthti Chettiar

Court : Chennai

Decided on : Dec-15-1930

Reported in : (1931)61MLJ516

..... decree-holder with e.p. no. 535 of 1924. we are asked by the decree-holder to hold that the petition of january, 1922, was an application in accordance with law within the meaning of article 182 of the limitation act, although it was unsigned and unverified. in our opinion the omission of the decree-holder to sign this petition cannot ..... ) m. 101 : 12 m.l.j. 435 an application signed by a pleader but neither signed nor verified by the decree-holder was held to be 'not such as the law contemplates'. the re-presentation of the petition of january, 1922, so long after the time allowed by the district munsif would not bring it within order 21, rule 17 (2 .....

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Jan 21 1930 (PC)

Mahammad Mazaffar-al-musavi Vs. Jabeda Khatun

Court : Mumbai

Decided on : Jan-21-1930

Reported in : (1930)32BOMLR633

..... possession of extensive lands, as property of the wakf, which he was entitled to resume. the defendants' answer was that the lands were an ancient istimrari tenure, held for a long though indefinite time at a fixed rent and as heritable property, of the appellant's predecessors, who had not ..... bawa magnwam sitaram v. kasturbhai manibhai can and ought to be distinguished on any ground. the only possible distinction is that it was a hindu mutt with which the case was concerned. in principle the cases are in themselves analogous. in the language of the judgment there is nothing ..... sense peculiar or special. as a matter of public right their lordships think it would be very undesirable to introduce purposeless distinctions between the law applicable in the case of one community and that applicable to another. they are therefore of opinion that the presumption rightly made by the high ..... imperial sanad could not abrogate. it was admitted that the prohibition expressly stated in the sanad was actually identical with the prohibition, which the mahomedan law would impose, subject always to the power of relaxation possessed by the kazi. as a matter of fact, this wakf was of very considerable ..... concurred, observed:i think that the court, under the circumstances of the present case, should make the assumption that the grant was in its origin lawful, having regard to the fact that the lease has existed unchallenged since at any rate 1843, that the rent has remained unchanged, that applications .....

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Jan 21 1930 (PC)

(Syed) Muhammad Mazaffaralmusari Vs. Bibi Jabeda Khatun and Others

Court : Privy Council

Decided on : Jan-21-1930

..... possession of extensive lands, as property of the wakf, which he was entitled to resume. the defendants' answer was that the lands were an ancient istimrari tenure, held for a long though indefinite time at a fixed rent and as heritable property, of the appellant's predecessors, who had not ..... magniram sitaram v. kasturbhai manibhai (1) can and ought to be distinguished on any ground. the only possible distinction is that it was a hindu mutt with which the case was concerned. in principle the cases are in themselves analogous. in the language of the judgment there is nothing to ..... any sense peculiar or special. as a matter of public right their lordships think it would be very undesirable to introduce purposeless distinctions between the law applicable in the case of one community and that applicable to another. they are therefore, of opinion that the presumption rightly made by the ..... was actually identical with the prohibition, which the mohammedan law would impose, subject always to the power of relaxation possessed by the kazi. as a matter of fact, this wakf was of very considerable antiquity ..... the terms of the sanad itself it is reasonably clear that the wakf was one already established and subject to the general rules of mohamedan law, and these, at least without express words, the imperial sanad could not abrogate. it was admitted that the prohibition expressly stated in the sanad .....

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